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PRACTICE NOTES
This Practice Note provides an introduction to design law and covers the various design rights (both registered and unregistered) that can be relied on by right holders in the UK. For more information about the registration of designs and transactions involving designs, see: Design transactions and management—overview. For more information about design disputes, see: Design disputes—overview. What are design rights? Design rights protect the shape, configuration or appearance of the whole or part of a product/article (rather than its functional aspects). Design law is intended to stop other people making products which are made to the design of or create the same overall impression as the original design. This Practice Note covers the various design rights (both registered and unregistered) that can be relied on by right holders in the UK. Design rights currently available in the UK The design rights available in the UK are as follows: • UK registered designs (including re-registered designs and re-registered international designs) • UK unregistered design right (also known as ‘design right’) • supplementary unregistered design right (SUD) Each
PRACTICE NOTES
Click the link below to download the training presentation. Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) implemented legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaced domicile as the key factor in establishing liability to inheritance tax (IHT). Other changes included amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore
PRACTICE NOTES
This Practice Note defines electronic disclosure and provides an introduction to the various processes you will need to undertake when dealing with electronic or e-disclosure, namely planning, collaboration, identification, preservation, collection, review and disclosure. It also considers how to deal with e-disclosure at trial. 'Electronic disclosure' is the management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or post-issue context. A proper understanding and appreciation of e-documents, e-disclosure and your obligations under CPR PD 31B (where that applies) is essential. For guidance on these aspects of disclosure, see Practice Notes: • Disclosure in multi-track cases • Case management—compliance Note: This Practice Note does not cover the provisions of the disclosure scheme in operation in the Business and Property Division. For guidance, see: Disclosure Scheme (Business & Property Division)—overview. Principal sources of information Principal sources of information about the process are: • CPR 31 • practice direction 31B in relation to electronic documents • the EDQ (Electronic Documents Questionnaire scheduled to PD31B) In addition, the following is helpful: 1. A
PRACTICE NOTES
This Practice Note provides an introduction to: • why companies have employee ownership models • the main types of share ownership models, and • issues to consider when implementing a share scheme For a more detailed analysis into why companies use share schemes, see Practice Note: Why do companies use share schemes? Why do companies have employee ownership? Employee ownership typically happens in one of the following scenarios: • business succession or ownership succession—private owners, such as an entrepreneur or family business, decide to sell all, or usually, part of their share holdings to their workforce • insolvency or closure threat—employee buyouts can prove an effective route to recovery for businesses that might otherwise fail • independence—companies may decide that a significant and even majority employee stakeholding will demonstrate and help protect the company's independence • privatisation—the privatisation of various companies have provided occasional opportunities for employee buyouts, and • owner vision and incentivisation—as in the case of John Lewis or Arup Group, at the outset
PRACTICE NOTES
Introduction to EMI schemes The enterprise management incentives (EMI) scheme is a highly flexible and tax-efficient scheme designed specifically for small/medium-sized companies. EMI schemes are one of the most popular of the share option schemes available to companies. Employees selected to participate in an EMI scheme are granted an option to buy shares in a company, paying a fixed price if they do decide to buy the shares (exercise the option). Often, but not necessarily, the exercise price will be equal to the market value of the shares at the time the EMI option is granted. There is no obligation for the employee to exercise the option. While EMI schemes, if implemented correctly, are very tax efficient, the criteria to qualify to grant and be granted EMI options are very strict. This Practice Note provides an overview of EMI eligibility criteria, but for more detailed information, see Practice Notes: • EMIs—qualifying companies • EMIs—trading activities • EMIs—what makes an employee eligible? • EMIs—requirements for options • How to establish an EMI scheme and grant first
PRACTICE NOTES
These training materials contain template PowerPoint slides and associated notes for use by a trainer when introducing environmental law. Topics covered include: what environmental law is, development of environmental law, principles of environmental law, sources of environmental law, environmental regimes, environmental liabilities, regulatory action and third-party claims and environmental law in practice. The training materials are customisable. Click the link below to download the PowerPoint presentation. Contents • What is environmental law? • Development of environmental law • Principles of environmental law • Sources of environmental law • Environmental regimes • Environmental liabilities • Regulatory action and third-party claims • Environmental law in practice Summary This presentation provides an introduction to environmental law. Purpose of slides/seminar The slides are intended
PRACTICE NOTES
This Practice Note provides practical guidance on export controls within the context of the World Trade Organization’s General Agreement (WTO) on Tariffs and Trade. It provides guidance on the three exceptions that allow the imposition of export controls, namely the Prohibition on Quantitative Restrictions, the General Exception and the Security Exception. What are export controls? Export controls are laws or regulations that are applied to a variety of goods. Export controls are normally applied to certain commodities, software, technology and weapons. It could also be applied to food, live animals and plants, and products derived from plants and animals and medicines to name a few. The control that export controls exert varies. It could be that the export of some product is prohibited. Other products may be exported provided that they fall within some quantity limits that have been imposed. Some products may only be exported if the exporter has obtained some sort of authorisation, such as an export permit or license. The variety of products covered by export controls and the manner of control over those
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. Public Contracts Regulations 2015 Under the Public Contracts Regulations 2015 (PCR 2015), certain public bodies must comply with various regulations governing the offer and entry into contracts. The relevant public bodies are defined as
PRACTICE NOTES
What is a framework agreement? A framework agreement is an umbrella agreement which a party enters into with one or more suppliers (who may be contractors, sub-contractors, suppliers or consultants) to establish the terms governing a long term relationship during which one or more contracts may be awarded by the employer to the supplier(s). In construction, framework agreements are commonly entered into between employers and a number of contractors, suppliers or consultants and sometimes between contractors and a number of sub-contractors, suppliers or consultants. Notwithstanding these various relationships that may be subject to a framework agreement, for ease, this Practice Note refers to the ‘employer’ and the ‘supplier’. Framework agreements are used in the private sector but are more widely used in the public sector, both by government departments and bodies and by local authorities. Though a framework agreement, in most cases, is not considered to be a contract itself, the procurement by a contracting authority to establish a framework agreement is subject to public procurement rules. How does a framework agreement
PRACTICE NOTES
This Practice Note provides practical guidance on free trade agreements. It details the distinction between reciprocal trade agreements and preferential trade agreements as well as providing practical guidance on the different legal basis as well as conditions which need to be fulfilled in the free trade agreements relating to trade in goods and services. Introduction The World Trade Organization (WTO) does provide the common institutional framework for the conduct of trade relations among its Member States. The multilateral trade agreements, which binds all Member States, plays a central role in the trade relations among Member States. The two plurilateral agreements play a lesser role as they only deal with government procurement and trade in civil aircrafts between the Member States who have acceded to them. Free trade agreements have taken on a central role in the institutional framework of trade relations among Member States. There are hundreds of free trade agreements in force among Member States. Member States are drawn to free trade agreements as it allows certain Member States to liberalise trade between
PRACTICE NOTES
The freedom of information regime in England and Wales came fully into force in 2005, and is governed by the following key pieces of legislation: • Freedom of Information Act 2000 (FIA 2000) • Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, SI 2004/3244 FIA 2000 confers a general right of access to information held by a public authority. Authorities have a duty to confirm or deny whether they hold information as specified in a request. Further, authorities have a duty to communicate information and to provide advice and assistance. Rights and duties under FIA 2000 The right to know FIA 2000 creates a general right for any person to request access to information held by an authority; this is commonly referred to as the right to know. The term 'any person' is very broad and includes individuals or corporations that are located anywhere, even outside the UK. The right to know comprises two parts: • the applicant has the right to be informed in writing whether information of the description
PRACTICE NOTES
This Practice Note discusses: • what is meant by capital call facilities, NAV, or asset backed facilities, and hybrid facilities • the commercial use of capital call facilities • the due diligence that lenders will conduct • the standard security package requested by lenders, and • the main terms of capital call facilities 'Capital call facilities' and other types of fund finance Capital call facilities: A capital call facility (also known as a subscription line facility) is a form of finance provided by a lender to a fund and typically secured against investors’ undrawn commitments. As such, capital call facilities are often requested by funds early on in their life cycle, when the amount of undrawn commitments is at its highest but the fund has no or a limited number of investment that can be secured in favour of lenders. However, particularly where there are recallable capital commitments still available (see below for further information), capital call facilities can continue to be useful well into the life of the fund. 'NAV' or asset-backed